§ Art. 1037 Action instituted separately

Art. 1037. Action instituted separately

    When a person does not assert in an incidental demand the action which he has against a party to the principal action or a third person, he does not thereby lose his right of action, except as provided in Article 1113, and except as provided in Article 1061.

    DATE EFFECTIVE AND APPLICATION--ACTS 1990, NO. 521

     Section 5 of Acts 1990, No. 521 (§ 2 of which amends this article) provides:

     “Section 5. This Act shall become effective January 1, 1991, and shall apply to all civil actions filed on or after January 1, 1991. The preclusive effect and authority of a judgment rendered in an action filed before the effective date of this Act shall be determined by the law in effect prior to January 1, 1991.”